S.C.O.A. MOTORS, ACCRA v. KORANTENG

Azu Crabbe J.A. authored the lead judgment in a Ghana Court of Appeal case overturning a High Court decision by Acolatse J. that had awarded £G30 damages and 150 guineas costs to a former debit clerk dismissed by a tyre‑store company. The clerk, responsible for preparing debit notes and invoices for Accra, Kumasi and Takoradi, was suspected of falsifying grand totals and concealing shortages linked to the Accra storekeeper, I.K. Kwetey. A police search found a list of credit customers (exhibit 1); the company dismissed him via exhibit A after discovering serious discrepancies. Though later acquitted criminally, the High Court held condonation and no reporting duty. On appeal, the court found overwhelming evidence of dishonesty or incompetence, held that reassignment during investigation was not promotion or condonation, recognized an implied duty to protect the employer’s interests (including informing of fraud), and ruled the 150‑guinea costs order punitive, allowing the appeal, setting aside costs, and entering judgment for the company with costs.